KNAUSS, Justice.
Plaintiff in error, who will be referred to as defendant, was found guilty of a charge of assault with a deadly weapon with intent to do great bodily injury, and sentenced to a term in the state penitentiary. He brings the case here on writ of error.
It appears from the record that on September 25, 1954 defendant and Jake Garcia, together with a number of other persons were engaged in a dice game near a poolhall in Lariat, a community just...
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